Journal of the House - 97th Day - Monday, May 5, 2014

A quorum was present.

Ward, J.E., was excused.

The Chief Clerk proceeded to read the Journal of the preceding day. There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.

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REPORTS OF CHIEF CLERK

S. F. No. 511 and H. F. No. 435, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Schoen moved that the rules be so far suspended that S. F. No. 511 be substituted for H. F. No. 435 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2614 and H. F. No. 3038, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Masin moved that the rules be so far suspended that S. F. No. 2614 be substituted for H. F. No. 3038 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Murphy, E., from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 799, A bill for an act relating to elections; enacting the Agreement Among the States to Elect the President by National Popular Vote; proposing coding for new law in Minnesota Statutes, chapter 208.

Reported the same back with the recommendation that the bill be placed on the General Register.

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

The report was adopted.

Mahoney from the Committee on Jobs and Economic Development Finance and Policy to which was referred:

H. F. No. 2369, A bill for an act relating to trades; making federal conformity changes to the apprenticeship program; amending Minnesota Statutes 2012, sections 178.02; 178.03; 178.041, subdivision 2; 178.07; 178.09; 178.10; proposing coding for new law in Minnesota Statutes, chapter 178; repealing Minnesota Statutes 2012, sections 178.03, subdivision 2; 178.05; 178.06; 178.08; Minnesota Rules, parts 5200.0300; 5200.0310; 5200.0320, subparts 1, 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15; 5200.0340; 5200.0360; 5200.0390.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Rules and Legislative Administration.

The report was adopted.

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Mahoney from the Committee on Jobs and Economic Development Finance and Policy to which was referred:

H. F. No. 2740, A bill for an act relating to workers' compensation insurance; limiting the insurer's permissible administrative expenses; amending Minnesota Statutes 2012, section 79.561, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. TRANSFER.

By June 30, 2015, the commissioner of management and budget shall transfer $10,000,000 in assets of the workers' compensation assigned risk plan under Minnesota Statutes, section 79.252, to the general fund.

Sec. 2. WORKERS' COMPENSATION SYSTEM; DIAGNOSIS RELATED GROUP SYSTEM; APPROPRIATION.

(a) $10,000,000 in fiscal year 2015 is appropriated from the general fund to the commissioner of labor and industry for development and implementation of a Medicare-based diagnosis related group (MS-DRG) system for payment of workers' compensation inpatient hospital services. Of the amount appropriated, up to $100,000 may be used by the commissioner to develop and implement the MS-DRG system. Funds available under this section may also be used by the commissioner for rebates to hospitals, insurers, and self-insured employers to defray reasonable and necessary costs related to implementation of a MS-DRG system or other related system reform. Rebates are available only after documentation of the expenditures has been submitted to and accepted by the commissioner. Individual rebates to a hospital system, insurer, or self-insured employer may not exceed $....... This is a onetime appropriation and is available until June 30, 2017. Notwithstanding Minnesota Statutes, section 16A.28, the commissioner of management and budget shall transfer any balance of this appropriation remaining on June 30, 2017, to the assigned risk plan.

(b) For the purposes of this section, reasonable and necessary system reform and implementation costs include, but are not limited to:

(1) the cost of analyzing data to determine the anticipated costs and savings of implementing the MS-DRG system;

(2) the cost of analyzing system or organizational changes necessary for implementation;

(3) the cost of determining how an organization would implement MS-DRG grouper software;

(4) the cost of upgrading existing MS-DRG software or purchasing new MS-DRG software and other technology upgrades needed for implementation;

(5) the cost of educating and training staff about the MS-DRG system as applied to workers' compensation; and

(6) the cost of integrating the MS-DRG grouper software with electronic billing and remittance systems."

Delete the title and insert:

"A bill for an act relating to workers' compensation; providing for a diagnosis related group system for payment of inpatient hospital services; appropriating money."

With the recommendation that when so amended the bill be re-referred to the Committee on Rules and Legislative Administration.

The report was adopted.

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Mahoney from the Committee on Jobs and Economic Development Finance and Policy to which was referred:

S. F. No. 1926, A bill for an act relating to building codes; regulating inspection authority of local units of government; prohibiting mandatory fire sprinkler regulations; amending Minnesota Statutes 2012, sections 326B.106, subdivision 2, by adding subdivisions; 326B.188.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Rules and Legislative Administration.

The report was adopted.

Murphy, E., from the Committee on Rules and Legislative Administration to which was referred:

S. F. No. 2470, A bill for an act relating to education; authorizing an innovative partnership to deliver certain technology and educational services; proposing coding for new law in Minnesota Statutes, chapter 123A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [152.22] MEDICAL CANNABIS THERAPEUTIC RESEARCH ACT.

Subdivision 1. Findings and purpose. (a) The legislature finds that scientific literature indicates promise for medical cannabis in alleviating certain intractable medical conditions under strictly controlled medical circumstances.

(b) The legislature also finds that further research and strictly controlled experimentation regarding the therapeutic use of medical cannabis is necessary and desirable. The intent of this section is to establish clinical trials to investigate and report on the therapeutic effects of medical cannabis. The intent of the legislature is to allow the greatest possible access to patients with a qualifying medical condition residing in Minnesota who meet protocol requirements for these clinical trials. The establishment of this research program is not intended in any manner whatsoever to condone or promote the illicit recreational use of marijuana.

Subd. 2. Definitions. (a) For purposes of this section, the following terms have the meanings given.

(b) "Clinical investigators" means a Minnesota licensed doctor of medicine, a Minnesota licensed physician assistant acting within the scope of authorized practice, or a Minnesota licensed advance practice registered nurse.

(d) "Medical cannabis" means the flowers of any species of the genus cannabis plant, or any mixture or preparation of them, including extracts and resins which contain a chemical consistency of cannabidiols and tetrahydrocannabinols determined to be medically beneficial by the principal investigator under subdivision 4 or by the commissioner under subdivision 3, paragraph (d), and that is delivered in the form of:

(1) liquid, including, but not limited to, oil;

(2) pill; or

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(3) vaporized delivery method, which does not include smoking, with in-person supervision by a clinical investigator, as specified under subdivision 5.

(e) "Medical cannabis manufacturer" means an entity under contract with the commissioner to cultivate, acquire, manufacture, possess, prepare, transfer, transport, supply, or dispense medical cannabis, delivery devices, or related supplies and educational materials to patients with a qualifying medical condition who are participating in a clinical trial.

(f) "Medical cannabis product" means medical cannabis as defined in paragraph (d) and any delivery device or related supplies and educational materials used in the administration of a medical cannabis clinical trial for a patient with a qualifying medical condition.

(g) "Principal investigator" means an individual or organization with responsibility for the medical and scientific aspects of the research, development of protocol, and contacting and qualifying the clinical investigators in the state, and duties as provided in subdivision 3, paragraph (d).

(h) "Program" means the clinical trial research program established pursuant to this section.

(i) "Qualifying medical condition" means a diagnosis of the following conditions:

(1) cancer;

(2) glaucoma;

(3) human immunodeficiency virus or acquired immune deficiency syndrome;

(4) Tourette's syndrome;

(5) amyotrophic lateral sclerosis;

(6) seizures, including those characteristic of epilepsy;

(7) severe and persistent muscle spasms, including those characteristic of multiple sclerosis;

(8) Crohn's disease; or

(9) any other medical condition or its treatment approved by the commissioner.

Subd. 3. Clinical trials administration. (a) The commissioner of health shall contract with one or more principal investigators to conduct clinical trials for Minnesota resident patients with a qualifying medical condition regarding the therapeutic use of medical cannabis. As a condition of the contract, the commissioner shall require a principal investigator to:

(1) begin the patient testing phase of a clinical trial by July 1, 2015;

(2) develop guidelines and protocols necessary to establish empirical bases for the evaluation of medical cannabis as a medically recognized therapeutic substance. The guidelines and protocols shall ensure that stringent security and record-keeping requirements for the clinical trial are met and that participants in the program meet research standards;

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(3) disclose to all patients the experimental nature of the program and the possible risks and side effects of the proposed treatment and shall provide the program applicants with the Tennessen warning as required by section 13.04, subdivision 2; and

(4) comply with the requirements of subdivision 4.

(b) The principal investigator may contract with additional qualified entities to assist in fulfilling the requirements of this section.

(c) The commissioner shall provide an option to opt out of any placebo trials for patients under age 18 with a qualifying condition. The decision to opt out of placebo trials under this paragraph may only be made by a patient's parent or legal guardian.

(d) If a principal investigator is unavailable to evaluate one or more of the qualifying medical conditions, the commissioner shall fulfill the responsibilities of the principal investigator described in this section for that qualifying medical condition.

(e) The commissioner may approve the participation of Minnesota residents in a federally approved clinical trial testing the effects of medical cannabis on one or more of the qualifying medical conditions listed in subdivision 2, paragraph (i), subject to the continuance of clinical trials for all other qualifying medical conditions.

(f) Nothing in this section requires the medical assistance and MinnesotaCare programs to reimburse an enrollee or a provider for costs associated with the medical use of marijuana.

Subd. 4. Principal investigator duties. A principal investigator shall:

(1) give notice of the program to every health care provider in the state who is eligible to serve as a clinical investigator as defined in subdivision 2, paragraph (b), and explain the purposes and requirements of the program;

(2) allow each clinical investigator in the state who meets or agrees to meet the principal investigator's requirements, has adequate institutional support, and who requests to participate, to be included in the research program as a clinical investigator to conduct the clinical trials;

(3) provide explanatory information and assistance to each clinical investigator in understanding the nature of therapeutic use of medical cannabis within program requirements, including the informed consent document contained in the protocol, and inform and counsel patients involved in the program regarding the appropriate use and the effects of therapeutic use of medical cannabis;

(4) supervise the participation of the clinical investigator in conducting the clinical trials;

(5) obtain medical cannabis for this clinical trial from the medical cannabis manufacturer which meets the requirements in subdivision 6;

(6) determine the chemical consistency of cannabidiols and tetrahydrocannabinols that are medically beneficial for each qualifying medical condition investigated;

(7) regulate the proper storage and distribution of medical cannabis products to patients with a qualifying condition, including monitoring the chain of custody;

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(8) distribute medical cannabis products to clinical investigators for each individual patient after ensuring that the medical cannabis products are properly labeled for each individual patient pursuant to section 151.212 and related rules;

(9) develop safety criteria for patients with a qualifying condition as a requirement of the patient's participation in the program, to prevent the patient from undertaking any task under the influence of medical cannabis that would constitute negligence or professional malpractice;

(10) submit periodic reports as determined by the commissioner on the numbers of patients involved in the program and the results of the program;

(11) submit reports on intermediate or final research results to the commissioner, the legislature, and major scientific journals; and

(12) otherwise comply with the provisions of this section.

Subd. 5. Clinical investigator duties. (a) A clinical investigator shall:

(1) enroll patients with a qualifying medical condition in the clinical trials;

(2) participate in the clinical trials under the guidance and supervision of a principal investigator;

(3) provide explanatory information from the principal investigator to patients with qualifying medical conditions;

(4) advise patients and parents or legal guardians of patients under age 18 of the existence of any nonprofit patient support groups or organizations;

(5) determine, in consultation with the patients, parents or legal guardians of patients under age 18, and the principal investigator, the proper dosage of medical cannabis for each individual patient;

(6) obtain from the principal investigator all medical cannabis products needed for each individual patient;

(7) ensure that medical cannabis products are properly labeled by the principal investigator for each individual patient prior to distribution to the patient;

(8) distribute properly labeled medical cannabis products to patients or provide the patient with information and instructions on obtaining properly labeled medical cannabis from a qualified employee of a principal investigator with responsibility for distributing medical cannabis under subdivision 4, clause (8);

(9) provide in-person supervision for the administration of any vaporized delivery method of medical cannabis;

(10) report findings from the clinical trial to the principal investigator in a manner determined by the principal investigator; and

(11) otherwise comply with all requirements developed by the supervising principal investigator.

(b) A patient's enrollment in a clinical trial may not be denied based on the use of medical cannabis in a jurisdiction outside of Minnesota. Enrollment shall only be denied if the patient has not been diagnosed with a qualifying medical condition.

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Subd. 6. Manufacturer of medical cannabis. (a) The commissioner shall contract with one manufacturer for the production of all medical cannabis products within the state by December 1, 2014, unless the commissioner obtains an adequate supply of federally sourced medical cannabis products for the clinical trials no later than August 1, 2014. The commissioner shall continue to accept applications after December 1, 2014, if no manufacturer that meets the qualifications set forth in this subdivision applies prior to December 1, 2014. If a federally approved source of medical cannabis becomes available after December 1, 2014, the commissioner may obtain the federally approved medical cannabis in addition to medical cannabis from the contracted manufacturer within the state of Minnesota.

(b) The operating documents of the manufacturer must include procedures for the oversight of the manufacturer and procedures to ensure accurate record keeping.

(c) The manufacturer shall implement appropriate security measures to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis.

(d) All cultivation, harvesting, manufacturing, and packing of cannabis must take place in an enclosed, locked facility at a physical address provided to the commissioner during the contracting process.

(e) Prior to distribution of any medical cannabis to the principal investigator, or the commissioner acting as the principal investigator under subdivision 3, paragraph (d), the manufacturer must process and prepare any cannabis plant material into a form allowable under subdivision 2, paragraph (d).

(f) The manufacturer shall not share office space with or refer patients to a practitioner.

(g) The manufacturer shall not permit any person to consume cannabis on the property of the manufacturer.

(h) The manufacturer is subject to reasonable inspection by the commissioner.

(i) The manufacturer may not employ or otherwise allow any person who is under 21 years of age to be an agent of the manufacturer.

(j) All products manufactured must be tested as to content, contamination, and consistency by a certified laboratory to verify such products meet the requirements of subdivision 2, paragraph (d).

(k) The medical cannabis manufacturer shall produce medical cannabis with a chemical consistency of cannabidiols and tetrahydrocannabinols as determined by the principal investigator.

(l) For the purposes of this section only, the manufacturer of medical cannabis products is not required to be licensed under section 151.252 or 151.47.

Subd. 7. Confidentiality. (a) Data in patient files with both the clinical investigator and the principal investigator, and data submitted to or by the medical cannabis manufacturer are private data on individuals or nonpublic data as defined in section 13.02.

(b) Data kept or maintained by the commissioner may not be used for any purpose not provided for in this section and may not be combined or linked in any manner with any other list or database.

Subd. 8. Protections for clinical trial participation; criminal and civil. (a) There is a presumption that a patient enrolled in a clinical trial under this section is engaged in the authorized use of medical cannabis.

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(b) The presumption may be rebutted by evidence that conduct related to use of medical cannabis was not for the purpose of treating or alleviating the patient's qualifying medical condition or symptoms associated with the patient's qualifying medical condition pursuant to this section.

(1) use or possession of medical cannabis by a patient in the clinical trials program, or possession by the parent or guardian of a patient under age 18;

(2) possession of, prescribing the use of, administering, or dispensing of medical cannabis, or any combination of these actions, by the principal investigator or by any clinical investigator;

(3) possession or sale of medical cannabis by a pharmacy or the medical cannabis manufacturer which produces or stores medical cannabis on behalf of the principal investigator or a clinical investigator; and

(4) possession of medical cannabis products by any person while carrying out the duties required under this section.

(d) Medical cannabis obtained and distributed pursuant to this section and associated property is not subject to forfeiture under sections 609.531 to 609.5316.

(e) A principal or clinical investigator is not subject to any civil or disciplinary penalties by the Board of Medical Practice or by any business, occupational, or professional licensing board or entity solely for the investigator's participation in a clinical trial under this section. Nothing in this section prohibits a professional licensing board for sanctioning a principal or clinical investigator for an investigator's actions outside of those actions allowed under this section.

(f) For the purposes of this section only, medical cannabis is removed from Schedule I contained in section 152.02, subdivision 2, and inserted in Schedule II contained in section 152.02, subdivision 3.

Subd. 9. Discrimination prohibited. (a) No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for the person's status as a patient enrolled in a clinical trial under this section, unless failing to do so would violate federal law or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations.

(b) For the purposes of medical care, including organ transplants, a clinical trial enrollee's use of medical cannabis under this section is considered the equivalent of the authorized use of any other medication used at the discretion of a physician and does not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care.

(c) Unless a failure to do so would violate federal law or regulations or cause an employer to lose a monetary or licensing-related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon either of the following:

(1) the person's status as a patient enrolled in a program under this section; or

(2) a patient's positive drug test for cannabis components or metabolites, unless the patient used, possessed, or was impaired by medical cannabis on the premises of the place of employment or during the hours of employment.

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(d) A person shall not be denied custody of or visitation rights or parenting time with a minor solely for the person's status as a patient enrolled in a program under this section, and there shall be no presumption of neglect or child endangerment for conduct allowed under this section, unless the person's behavior is such that it creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence.

Subd. 10. Fees. The commissioner may set reasonable application fees and renewal fees to be paid to the commissioner by a patient with a qualifying medical condition that covers the fees incurred in manufacturing medical cannabis by the medical cannabis manufacturer. Fees collected must be deposited in the special revenue fund and are appropriated annually to the commissioner to reimburse costs incurred by the manufacturer of medical cannabis. The commissioner shall establish a sliding scale of patient fees based upon a qualifying patient's household income. The commissioner may accept private donations to reduce patient fees.

Subd. 11. Nursing facilities. Nursing facilities licensed under chapter 144A, or boarding care homes licensed under section 144.50, may adopt reasonable restrictions on the use of medical cannabis by persons receiving inpatient services. The restrictions may include a provision that the facility will not store or maintain the patient's supply of medical cannabis, that the facility is not responsible for providing the medical cannabis for qualifying patients, and that cannabis be consumed only in a place specified by the facility. Nothing contained in this section shall require the facilities to adopt such restrictions, and no facility shall unreasonably limit a qualifying patient's access to or use of medical cannabis.

Sec. 2. Minnesota Statutes 2012, section 256B.0625, subdivision 13d, is amended to read:

Subd. 13d. Drug formulary. (a) The commissioner shall establish a drug formulary. Its establishment and publication shall not be subject to the requirements of the Administrative Procedure Act, but the Formulary Committee shall review and comment on the formulary contents.

(b) The formulary shall not include:

(1) drugs, active pharmaceutical ingredients, or products for which there is no federal funding;

(2) over-the-counter drugs, except as provided in subdivision 13;

(3) drugs or active pharmaceutical ingredients used for weight loss, except that medically necessary lipase inhibitors may be covered for a recipient with type II diabetes;

(4) drugs or active pharmaceutical ingredients when used for the treatment of impotence or erectile dysfunction;

(5) drugs or active pharmaceutical ingredients for which medical value has not been established; ~~and~~

(6) drugs from manufacturers who have not signed a rebate agreement with the Department of Health and Human Services pursuant to section 1927 of title XIX of the Social Security Act; and

(7) medical cannabis as defined under section 152.22.

(c) If a single-source drug used by at least two percent of the fee-for-service medical assistance recipients is removed from the formulary due to the failure of the manufacturer to sign a rebate agreement with the Department of Health and Human Services, the commissioner shall notify prescribing practitioners within 30 days of receiving notification from the Centers for Medicare and Medicaid Services (CMS) that a rebate agreement was not signed.

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Sec. 3. IMPACT ASSESSMENT OF MEDICAL CANNABIS THERAPEUTIC RESEARCH.

Subdivision 1. Task force on medical cannabis therapeutic research. (a) A 23-member task force on medical cannabis therapeutic research is created to conduct an impact assessment of medical cannabis therapeutic research. The task force shall consist of the following members:

(1) two members of the house of representatives of the state of Minnesota, one selected by the speaker of the house, the other selected by the minority leader;

(2) two members of the senate of the state of Minnesota, one selected by the majority leader, the other selected by the minority leader;

(3) four members representing consumers or patients, including at least two parents of patients under age 18;

(4) four members representing health care providers;

(5) four members representing law enforcement, one from the Minnesota Chiefs of Police Association, one from the Minnesota Sheriff's Association, one from the Minnesota Police and Peace Officers Association, and one from the Minnesota County Attorneys Association;

(6) four members representing substance use disorder treatment providers; and

(7) the commissioners of health, human services, and public safety.

(b) Task force members listed under paragraph (a), clauses (3), (4), (5), and (6), shall be appointed by the governor. Members shall serve on the task force at the pleasure of the appointing authority.

(c) There shall be two cochairs of the task force chosen from the members listed under paragraph (a). One cochair shall be selected by the speaker of the house and the other cochair shall be selected by the majority leader of the senate. The expense reimbursement for members of the task force is governed by section 15.059.

Subd. 2. Impact assessment. The task force shall hold hearings to conduct the impact assessment on medical cannabis therapeutic research that must evaluate Minnesota activities and other states' activities involving medical cannabis and offer analysis of:

(1) program design and implementation;

(2) the impact on the health care provider community;

(3) patient experiences;

(4) the impact on the incidence of substance abuse;

(5) access to and quality of medical products;

(6) the impact on law enforcement and prosecutions;

(7) public awareness and perception; and

(8) any unintended consequences.

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Subd. 3. Reports to the legislature. (a) The cochairs shall submit the following reports to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over health and human services, judiciary, and civil law:

(1) by February 1, 2015, a report on the design and implementation of the clinical trial program;

(2) by February 1, 2016, a final report on the impact assessment; and

(3) by June 30, 2019, a review and assessment of the clinical trial results.

(b) The task force may make recommendations to the legislature on whether to add or remove conditions from the list of qualifying medical conditions.

Subd. 4. Expiration. The task force on medical cannabis therapeutic research expires on June 30, 2019, or upon the conclusion of the clinical trial, whichever is later.

Sec. 4. APPROPRIATIONS; MEDICAL CANNABIS THERAPEUTIC RESEARCH ACT.

(a) $1,100,000 in fiscal year 2016 and $1,100,000 in fiscal year 2017 are appropriated from the general fund to the commissioner of health for grants to the principal investigators for purposes of conducting the clinical trials under Minnesota Statutes, section 152.22.

(b) $450,000 in fiscal year 2015 is appropriated from the general fund to the commissioner of health for the costs of administering Minnesota Statutes, section 152.22. Funds are available until June 30, 2019.

(c) $50,000 in fiscal year 2015 is appropriated from the general fund to the Legislative Coordinating Commission to administer the task force on medical cannabis therapeutic research and for the task force to conduct the impact assessment on the use of cannabis for medicinal purposes. These funds are available until the expiration of the task force on medical cannabis therapeutic research.

Sec. 5. EFFECTIVE DATE.

Sections 1 and 3 are effective July 1, 2014."

Delete the title and insert:

"A bill for an act relating to health; adopting the Medical Cannabis Therapeutic Research Act; requiring clinical trials on the therapeutic use of medical cannabis; setting standards for clinical trials; requiring the commissioner to contract with one manufacturer for medical cannabis products; requiring an impact assessment of medical cannabis therapeutic research; setting fees; requiring reports; appropriating money; amending Minnesota Statutes 2012, section 256B.0625, subdivision 13d; proposing coding for new law in Minnesota Statutes, chapter 152."

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

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SECOND READING OF HOUSE BILLS

H. F. No. 799 was read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 511 and 2614 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House File was introduced:

Hortman and McNamara introduced:

H. F. No. 3370, A bill for an act relating to environment; establishing product stewardship program for primary batteries; providing civil penalties; amending Minnesota Statutes 2013 Supplement, section 115A.142; proposing coding for new law in Minnesota Statutes, chapter 115A.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Murphy, E., moved that the House recess subject to the call of the Chair. The motion prevailed.

RECESS

RECONVENED

The House reconvened and was called to order by the Speaker.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 1916, A bill for an act relating to veterans; authorizing special women veterans license plates; appropriating money; amending Minnesota Statutes 2012, section 168.123, subdivision 1; Minnesota Statutes 2013 Supplement, section 168.123, subdivision 2.

JoAnne M. Zoff, Secretary of the Senate

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Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 2405, A bill for an act relating to data practices; classifying checking account numbers as nonpublic data; amending Minnesota Statutes 2013 Supplement, section 13.37, subdivision 1.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 2479, A bill for an act relating to courts; allowing housing courts and housing calendars to use referees almost exclusively for landlord and tenant cases; amending Minnesota Statutes 2012, section 484.013, subdivision 3.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 2566, A bill for an act relating to local government; authorizing meetings by telephone or other electronic means; amending Minnesota Statutes 2012, section 469.084, by adding a subdivision.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 2668, A bill for an act relating to courts; providing that petitioners in errors and omissions petitions shall also serve the petition on all candidates for the office in which the error or omission is alleged; eliminating requirements that court seal be a raised seal; removing requirements for notarial act on pleadings and affidavits filed with the court in all cases; providing that court documents are signed under penalty of perjury; permitting alternative service in certain probate matters; requiring applicants in structured settlement transfer action to provide the court with information; providing that a request for a hearing in response to a temporary restraining order must be made within 20 days after the temporary restraining order is served; permitting application of fine payment to restitution before application to court fines; amending Minnesota Statutes 2012, sections 204B.44; 358.03; 359.01, subdivision 5; 524.1-401; 524.5-113; 549.32, subdivision 2; 600.13; 609.48, subdivision 1; 609.748, subdivision 3; 611A.04, subdivision 4; 645.44, subdivisions 10, 14; proposing coding for new law in Minnesota Statutes, chapter 358.

JoAnne M. Zoff, Secretary of the Senate

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Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 2834, A bill for an act relating to energy; modifying, adding, or authorizing provisions governing medically necessary equipment, propane sales, low-income rate discounts, interconnection of distributed renewable generation, electric vehicle charging tariffs, on-bill payment programs, energy efficiency programs, emissions reduction planning, certificates of need, solar energy systems, and transmission lines; requiring a report; amending Minnesota Statutes 2012, sections 216B.098, subdivision 5; 216B.16, subdivision 14; 216B.1611, by adding a subdivision; 216B.241, by adding a subdivision; 216B.2422, by adding a subdivision; 216B.243, subdivision 8; 216C.41, subdivision 4; 216C.436, subdivision 4, by adding a subdivision; 216E.01, by adding a subdivision; 216E.04, subdivision 2; 239.051, subdivision 29; 239.785, by adding a subdivision; 325E.027; 515.07; 515B.2-103; 515B.3-102; Laws 2013, chapter 57, section 2; Laws 2014, chapter 145, section 1; proposing coding for new law in Minnesota Statutes, chapters 216B; 216E; 500; repealing Minnesota Rules, parts 3300.0800; 3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36; 3300.1100; 3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 3300.1700; 3300.1800; 3300.1900; 7607.0100; 7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; 7607.0180; 7610.0300; 7685.0100; 7685.0120; 7685.0130; 7685.0140.

The Senate has appointed as such committee:

Senators Marty, Rosen, Hoffman, Carlson and Dibble.

Said House File is herewith returned to the House.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 2953, A bill for an act relating to corrections; eliminating the requirement of contiguous counties from qualifications for a grant for the delivery of correctional services; amending Minnesota Statutes 2012, section 401.02, subdivision 1.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 3115, A bill for an act relating to elections; authorizing the Saint Louis County Board to change to two years the term of a certain member to be elected in 2014.

JoAnne M. Zoff, Secretary of the Senate

Journal of the House - 97th Day - Monday, May 5, 2014 - Top of Page 10074

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 3014, A bill for an act relating to labor; creating the Public Employment Relations Board; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2012, sections 179A.03, subdivisions 14, 15, by adding a subdivision; 179A.04, subdivision 3; 179A.051; 179A.06, by adding a subdivision; 179A.10, subdivision 1; 179A.13; proposing coding for new law in Minnesota Statutes, chapter 179A.

JoAnne M. Zoff, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Carlson moved that the House concur in the Senate amendments to H. F. No. 3014 and that the bill be repassed as amended by the Senate.

A roll call was requested and properly seconded.

The question was taken on the Carlson motion and the roll was called. There were 73 yeas and 60 nays as follows:

Those who voted in the affirmative were:

The bill was repassed, as amended by the Senate, and its title agreed to.

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 1740, 2099, 2192, 2423 and 2454.

JoAnne M. Zoff, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 1740, A bill for an act relating to telecommunications; consumer protection; requiring antitheft functionality for smart phones to deter theft; establishing requirements for acquisition and resale of wireless communications devices; proposing coding for new law in Minnesota Statutes, chapters 325E; 325F.

The bill was read for the first time.

Atkins moved that S. F. No. 1740 and H. F. No. 1952, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2099, A bill for an act relating to campaign finance; requiring that certain political contributions be made from funds subject to the individual income tax; amending Minnesota Statutes 2012, section 10A.27, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 211B.

The bill was read for the first time.

Atkins moved that S. F. No. 2099 and H. F. No. 2463, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2192, A bill for an act relating to environment; prohibiting and regulating certain lead and mercury products; regulating certain products containing formaldehyde; amending Minnesota Statutes 2012, sections 115A.932, subdivision 1; 116.92, subdivisions 4, 5, 6, 8j, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 325F.176; 325F.177; proposing coding for new law in Minnesota Statutes, chapter 116.

The bill was read for the first time.

Hortman moved that S. F. No. 2192 and H. F. No. 2542, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

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S. F. No. 2423, A bill for an act relating to public safety; addressing the needs of incarcerated women related to pregnancy and childbirth; authorizing an advisory committee; proposing coding for new law in Minnesota Statutes, chapter 241.

The bill was read for the first time.

Laine moved that S. F. No. 2423 and H. F. No. 2833, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2454, A bill for an act relating to natural resources; modifying and repealing certain obsolete laws; providing for certain regulatory efficiencies; amending Minnesota Statutes 2012, sections 13.7411, subdivision 8; 84.025, subdivision 10; 84.028, subdivision 3; 84.081, subdivision 1; 84.781; 88.6435, subdivision 1; 103C.211; 103C.311, subdivision 1; 103C.401, subdivision 1; 103F.135, subdivision 1; 103G.005, subdivisions 9, 9a; 103G.315, subdivision 12; 115.06, subdivision 4; 115A.03, by adding a subdivision; 115A.54, subdivision 4; 116.03, subdivision 2b; 116.07, subdivision 4j; repealing Minnesota Statutes 2012, sections 14.04; 84.083, subdivisions 3, 4; 84.163; 84.361; 84.43; 84.44; 84.45; 84.46; 84.47; 84.48; 84.49; 84.50; 84.51; 84.52; 84.521; 84.53; 84.55; 84.965; 85.015, subdivision 3; 103B.701; 103B.702; 103F.131; 103F.155; 103F.378; 103F.381; 103F.383, subdivision 3; 103F.387; 103F.389, subdivisions 1, 2; 103F.391; 115.445; 115B.412, subdivision 10; 116.181; 116.182, subdivision 3a; 116.195, subdivision 5; 116.54; 116.90; 116C.712; 116C.833, subdivision 2; 173.0845; Laws 2013, chapter 114, article 4, section 100.

The bill was read for the first time.

Dill moved that S. F. No. 2454 and H. F. No. 2715, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

CALENDAR FOR THE DAY

S. F. No. 2398 was reported to the House.

Halverson moved to amend S. F. No. 2398, the second engrossment, as follows:

Page 2, delete section 2

Page 2, line 24, reinstate the stricken language

Page 2, line 25, reinstate the stricken language

Page 2, delete section 6

Page 4, line 10, after the period, insert "To indicate that you understand and accept the contents of this notice and agree to the option to receive electronic communication, you must check the box that appears next to this paragraph."

Page 7, line 2, after the period, insert "The rental agreement must contain a space that the occupant must initial if the occupant declines to provide an optional alternate contact person."

Journal of the House - 97th Day - Monday, May 5, 2014 - Top of Page 10079

Page 7, line 16, delete "personal property put in" and insert "all rental agreements entered into, extended, or renewed on or after that date."

Page 7, delete line 17

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Lesch moved to amend S. F. No. 2398, the second engrossment, as amended, as follows:

Page 7, line 14, before the period, insert ", or a member of the National Guard or a reserve component under United States Code, title 32, section 101"

The motion prevailed and the amendment was adopted.

S. F. No. 2398, A bill for an act relating to commerce; updating the laws regulating liens on personal property in self-storage; amending Minnesota Statutes 2012, sections 514.971, subdivisions 2, 7, 8, by adding a subdivision; 514.972, subdivisions 4, 5; 514.973; 514.974; 514.975.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were: